Get free answers to your Child Custody legal questions from lawyers in your area.
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... View More 
answered on Mar 12, 2021
If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... View More
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... View More
answered on Feb 22, 2021
I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... View More
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... View More
answered on Jan 25, 2021
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... View More
I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... View More
answered on Jan 18, 2021
Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to... View More
The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?
answered on Jan 18, 2021
If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... View More
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... View More
answered on Dec 2, 2020
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... View More
I work 40 hrs a week plus, i am going to school full time and my child was taken from my husband and i on july 2nd of this year due to dental decay, which has since been fixed. i need some help please my public defender is never in her office and i dont feel comfortable with my case worker i have... View More
answered on Dec 2, 2020
I'm sorry to hear you're in this difficult situation. Continuing to comply with the court ordered evaluations and screenings are definitely in your best interest and can only help your case. My suggestion is to look into Legal Aid Services in your area as they may be able to help out or... View More
I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?
answered on Nov 18, 2020
Where to file depends a few factors.
- If you already have an open case then file where you have the open case.
- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once... View More
I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?
answered on Oct 28, 2020
You can file in California to modify the current custody order.
Once your daughter has been in Nevada for 6 months. You can file a Petition for Registration of an Out of State Custody Order in Nevada. Once the Petition has been approved/ordered by the court, then you can file to modify the... View More
I tried to file my the court packet myself, but it was rejected because I filled it out wrong. I then went to mediation with my children’s father to figure out custody agreements but then he didn’t follow through with mediation. He’s unhealthy and unstable and addict. How can I do this... View More
answered on Sep 28, 2020
The most economical legal aid option would be to seek guidance from your local Family Law help center. However, having much experience in Family Law and Child Custody cases, I strongly recommend that any case involving children be represented by an experienced Family Law attorney. Child Custody and... View More
Shouldn't a father already have that information? Why should the mother give it to him, especially if the two have ongoing legal issues, and the mother doesn't know why he needs it? Is the mother legally obligated to give it to him without a court order? It's just more work for her.
answered on Sep 14, 2020
The child’s social security number and use of it is most often a matter of legal custody. If the parents share legal custody, then both parents would need to be involved and provide their approval for any important matters in which a social security number would be necessary (i.e. decisions... View More
answered on Aug 25, 2020
This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... View More
answered on Aug 19, 2020
Since there are children involved, I would highly recommend seeking an experienced Family Law attorney to make sure your rights and interests are well represented. Once Child Custody and Child Support arrangements are ordered by the court, they can be difficult and expensive to modify. My position... View More
The father of my child sent me a divorce letter via mail while he is locked up (he still locked up) He was never a responsible father, didn’t payed child support (he only twice and not the right amount) in fact that’s the reason why he’s a jail. In reality I want nothing to do with him, I... View More
answered on Aug 7, 2020
A parent cannot have physical custody of a child when incarcerated. If anything, it is more likely that the court may award the custodial parent full or sole custody, if not permanently, at least temporarily while the other parent is incarcerated. The only possible custody the incarcerated parent... View More
I live in California
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answered on Mar 17, 2020
Even if they refuse you can go to a local SS Office or order a birth certificate online or visit your local City Hall in the town you were born in.
Hope this helps.
Sincerely
Attorney Scott F. Bocchio
Legal Rights Advocates
www.yourlegalrightsadvocates.com
My daughter has stayed with her mother when her mother came around. The first 2 years she only stayed with her mom 3 days or less some times none a month during the 2 years. Recently she has been going with her 3-6 days every other week. I have been trying to keep my daughter from going with her... View More
answered on Jan 26, 2018
It sounds as if there is no custody arrangement in place (or else custody would be handled by the agreement). You have at least two options. First, you could voluntarily come up with a parenting agreement between you and the mother, but it sounds like finding a mutual agreement is unlikely.... View More
I’m in a legal separation, my wife went on what I thought was a quick trip to see her family and ended up not coming back. She then filed for legal separation. I have had one hearing already and the judge when I asked for my wife to be ordered to return with my child because I did not give... View More
answered on Jan 26, 2018
You will need to seek an temporary or permanent order from the judge. You may be able to do this within the legal separation proceedings or you may need to start formal divorce/child custody proceedings.
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